+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Submit an appeal

mahtab54

Full Member
Feb 3, 2015
21
1
Hello everyone,
I have a question. I have applied for the PRTD on H&C grounds and unfortunately IRCC rejected it due to not meeting Residency obligations. I am going to submit an appeal to the IAD. there is two questions:
1- Can I enter to Canada from US border while I have submitted my appeal?
2- and, I should apply for submitting an appeal by the lawyer? Can I submit by myself when I am out of Canad or by my relatives within Canada?
Thank you in advance for your reply
 

Buletruck

VIP Member
May 18, 2015
5,557
1,901
  1. You will be able to enter from the US. Note that since IRCC has rejected your PRTD, days in Canada will no longer count towards the RO.
  2. Up to you if you want to apply with a lawyer or by yourself. You can appeal from outside of Canada.
Please just post your question once and not on every post available.
 

canuck78

VIP Member
Jun 18, 2017
25,814
5,557
Would suggest a lawyer. You are getting quite close to losing your PR for good. You'll have to evaluate your situation. Do you qualify for PR if you apply for PR again? Would it be less expensive or faster to do that? Entering from the US won't stop the processing of your case.
 

mahtab54

Full Member
Feb 3, 2015
21
1
Would suggest a lawyer. You are getting quite close to losing your PR for good. You'll have to evaluate your situation. Do you qualify for PR if you apply for PR again? Would it be less expensive or faster to do that? Entering from the US won't stop the processing of your case.
  1. You will be able to enter from the US. Note that since IRCC has rejected your PRTD, days in Canada will no longer count towards the RO.
  2. Up to you if you want to apply with a lawyer or by yourself. You can appeal from outside of Canada.
Please just post your question once and not on every post available.


Thank you for your reply. Sorry for this inconvenience.
 

canuck78

VIP Member
Jun 18, 2017
25,814
5,557
Thank you for your reply. I know, I would lose my PR status. I would like to be in Canada to prove my tendency to live there. please let me to know, the interval between enter to Canada and the appeal result will be the RO?
Hard to tell. It is a big expense for a small chance at staying. Would be careful and not commit to longterm purchases like a financed car.
 

mahtab54

Full Member
Feb 3, 2015
21
1
I got my PR at 2012 and stayed in Canada for nearly 2 months and backed to home to arrange my work and .... I planed to back on 2015 but due to some circumstance my spouse changed his mined and did not travel back and also did not let my daughter accompany with me. I tried to have custody of my daughter but all of the rules was against me and I waited she grown up enough and get the growth right from my country court. these took long and my PR expired at 2017. But we ( my daughter and I) are determined to migrate and retain our PRs.
 

canuck78

VIP Member
Jun 18, 2017
25,814
5,557
I got my PR at 2012 and stayed in Canada for nearly 2 months and backed to home to arrange my work and .... I planed to back on 2015 but due to some circumstance my spouse changed his mined and did not travel back and also did not let my daughter accompany with me. I tried to have custody of my daughter but all of the rules was against me and I waited she grown up enough and get the growth right from my country court. these took long and my PR expired at 2017. But we ( my daughter and I) are determined to migrate and retain our PRs.
Unfortunately you don't seem to have any reason to win an appeal. Do you qualify for PR? If so you should apply again.
 

mahtab54

Full Member
Feb 3, 2015
21
1
Unfortunately you don't seem to have any reason to win an appeal. Do you qualify for PR? If so you should apply again.
Unfortunately I am not eligible for skill worker now. But I would like to know if my daughter had a chance? Because she was too young to decide for her PR. At that time she was 10 years old and now is 16
 

mahtab54

Full Member
Feb 3, 2015
21
1
Thank you for your reply. But the travel document applications for my daughter and me rejected and we should appeal. Does she have a chance yet?
 

canuck78

VIP Member
Jun 18, 2017
25,814
5,557
I think our case is obviously human right abuse and the court is expecting to be more compassionate.
Not sure how your husband's unwillingness to move to Canada is a human right's abuse issue. You could have moved to Canada to be in compliance with your RO on your own while fighting for custody of your child and a divorce/separation.
 

vensak

VIP Member
Jul 14, 2016
3,834
1,002
120
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
Since the PRTD of your daughter was rejected as well, if you loose this case she would not be able to apply for herself once she would turn 18 (she would loose it as well).
Would you have applied just for yourself she would have had a chance to retain it.

You fell into trap of many others who just do a soft landing and then they plan to move in within 2-3 years only to find out that there are some other circumstances.

Unfortunately your case does not sound that you would win H&C (your case is an economical decision to stay rather than emergency).